2007-02-22 01:20:30 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It's a short hearing before a case really gets active. If it's a criminal matter, it's when you enter your plea of "not guilty" and the judge sets conditions of release. I do not advise clients to plead guilty at a preliminary hearing unless it's a very minor infraction with little or no risk of jail time. There's plenty of time to change your plea after your atty plea bargains with the prosecutor. If it's a civil matter, a preliminary hearing is the hearing when the Judge sets deadlines for the progress of the case. However, I've never heard that phrase used in a civil case.
2007-02-22 01:29:16 · answer #1 · answered by David M 7 · 1⤊ 0⤋
preliminary hearing n. in criminal law, a hearing to determine if a person charged with a felony (a serious crime punishable be a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime charged. A preliminary hearing is held in the lowest local court (municipal or police court), but only if the prosecutor has filed the charge without asking the grand jury for an indictment for the alleged crime. Such a hearing must be held within a few days after arraignment (presentation in court of the charges and the defendant's right to plead guilty or not guilty). Since neither side wants to reveal its trial strategy, the prosecution normally presents only enough evidence and testimony to show the probability of guilt, and defendants often put on no evidence at all at the preliminary hearing, unless there is a strong chance of getting the charges dismissed. If the judge finds sufficient evidence to try the defendant, the case is sent to the appropriate court (variously called superior/county/district/common pleas) for trial. If there is no such convincing evidence, the judge will dismiss the charges.
2007-02-22 09:26:20 · answer #2 · answered by KC V ™ 7 · 1⤊ 0⤋
a preliminary hearing is to determine whether or not you committed a crime. This is where the facts of the case are deciphered between the Judge,attorneys' and District attorneys. They go over the alleged facts and decide whether or not the crime was committed and if you committed the crime. If found to be guilty of the crime they will sentence and fine you . The fine and sentencing will be based on the nature of the violation. This is only in a Civil Court. If your conviction is of a felony nature it will be held over to the Grand Jury.
2007-02-22 09:43:52 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It is a hearing held after the arraignment in which the judge decides if there is enough probable cause to go further with the prosecution. If the judge believes that there is probable cause to continue, the defendent will be held to answer on the charges. A judge may hold the defendent to answer on certain charges and drop others, or they may drop all charges together.
2007-02-22 09:29:34 · answer #4 · answered by brewbum80 2 · 0⤊ 0⤋
you hear the evidence against u and witness come 2 testify
2007-02-22 19:50:03 · answer #5 · answered by jo 1 · 0⤊ 0⤋
it is a hearing to see if there is enough evidence to go to trial.
2007-02-22 09:24:38 · answer #6 · answered by 007 4 · 0⤊ 0⤋